SOCIALLY RETROGRADE

‘Khap diktats on women illegal’ No Parallel Matrimony Court: SC.

Dhananjay Mahapatra TNN .

New Delhi: The Supreme Court on Monday said it was an offence to order women not to use mobile phones or to dress in a particular manner and warned that no one can run a parallel matrimony court.
    “Imposing a dress code on women and asking them not to use mobile phones, are such orders not socially retrograde? These are also against the law. How can anyone ask women not to carry a mobile phone,” a bench of Justices Aftab Alam and Ranjana P Desai asked while hearing a PIL that sought protection of young couples marrying inter-caste or within the same gotra from khaps. But the Sarv Khap Panchayat, a conglomerate of 67 khaps in Haryana’s Rohtak district, told the court that family members of girls and boys marrying outside their caste or within same gotra were behind the lynchings and regulating khaps would not reduce honour killings.
    “Such incidents happen only in the peace-loving and law-abiding people of the village, not in mischievous families,” the panchayat said.
    The bench questioned cops. The police said khaps sometimes adopt socially retrograde resolutions but there was no instance of khap members’ hand in honour killings. They, too, blamed families.
    The bench wondered why the UP and Haryana cops were “so anxious to give a good conduct certificate” to the khaps. The additional advocates general sought time to file a proper affidavit on behalf of police.
    When additional solicitor general Indira Jaising said “the Sarv Khap Panchayat of district Rohatak admitted it adjudicates all matters relating to marriage and family”, the bench said, “That means they are running parallel courts.” It asked the khaps to file their written submissions not exceeding 10 pages by February 18 and posted the matter for detailed hearing on March 5. 

 

 

Source:::: The Times of India, 15-01-2013, p.12, http://epaper.timesofindia.com/Default/Client.asp?Daily=TOIM&showST=true&login=default&pub=TOI&Enter=true&Skin=TOINEW&AW=1358247356515

Eve-teasing: HC says women’s dignity at stake

Rosy Sequeira TNN 

Mumbai: Exactly a week after a 19-year-old youth was killed in Dombivli by a group of boys after he took them on for passing lewd comments on a girl, the Bombay high court on Monday said eve-teasing needed to be redressed as the question of women’s dignity was at stake. 
    The court’s observation came on a suo motu public interest litigation. Taking note of the need to ensure the safety of women, a division bench of Justices V M Kanade and P D Kode had recommended the framing of norms for women, especially those working on night shifts, and requested the chief justice to take it up as a PIL. The recommendation from the judges came on September 17, 2012 after they upheld the death rap of two men who raped and killed a 22-year-old Pune BPO staffer on November 1, 2007. 
    On November 8, 2012, the CJ converted the judges’ request into a PIL and assigned it before the same bench. When the matter came up for hearing onMonday, the judges said women’s security was a burning issue. “Apart from security to be provided to women, it has been noticed that of late there have been instances where people rescuing women have been assaulted and murdered,” Justice Kanade said, adding the issue needed to be resolved considering all aspects.


Source:::: The Times of India, 11-12-2012, p.01. http://epaper.timesofindia.com/Default/Client.asp?Daily=TOIM&showST=true&login=default&pub=TOI&Enter=true&Skin=TOINEW&AW=1355204307234

State to rank colleges on attitude to women

Rankings To Encourage Higher Edu For Women

Yogita Rao TNN 

Mumbai: How a college treats the women on its campus will play a crucial role in determining its ranking among other colleges in the state. The state government plans to rank the best colleges at district, university and state level after assessing them on several parameters, the most important criteria being its sensitivity to women.
    The parameters include measures taken by colleges to curb eve-teasing/ragging, maintaining a balanced male female ratio, convincing girls and their families to pursue higher education, and steps taken by colleges to make girl students economically independent. The idea is to promote equality between girls and boys and increase the enrollment of women in colleges. 
    The state’s higher and technical education department issued a resolution on October 23 to all universities announcing a competition in the state for ‘public awakening’. Different committees have been set up to pick two best colleges each at the district and state university levels and in the final stage, three best colleges in the state. The government has even set aside a budget of Rs150croreto award cash prizes to the winning colleges. Colleges will be assessed for a total of 100 marks, of which 50 marks are allotted for efforts made by institutes to make female students comfortable in the college environment. Another 50 marks is for innovative schemes by students. 
    The idea is to remove inequality between boys and girls and encourage girls to take up higher education. Rajesh Tope, minister for higher and technical education, said, “The idea is to improve girls’ enrollment in higher education and also to make them fearless. I have been approached by many groups complaining of regular eve teasing incidents. Women’s safety is the topmost priority in higher education. We will try to make it an annual exercise.” 
    Ujjwal Uke, principal secretary, women and child development department, said, “The campaign will definitely help bring about awareness among today’s youth. I appreciate the education department’s move in initiating the‘public awakening’ movement.” 
    A department official said, “The colleges have to write to us with filled form. The prizes will be announced on International Women’s Day.”

Source:::: The Times of India, 01-11-2012, p.04. http://epaper.timesofindia.com/Default/Client.asp?Daily=TOIM&showST=true&login=default&pub=TOI&Enter=true&Skin=TOINEW

Night hauling of women pub patrons ‘was entirely illegal’

Females Can Be Taken To Police Stations After Sunset Only In ‘Exceptional Circumstances’, Says Law

Swati Deshpande TNN 

The latest raid by the Mumbai police on a So Bo lounge bar, in which some 200 patrons–including men and women -- were taken to the MRA Marg police station because the establishment was open beyond the deadline, violated some major provisions of the Criminal Procedure Code. These provisions dictate that the police cannot arrest or take, even as witnesses, women to the police station between sunset and sunrise. The police can take such action only in exceptional circumstances. 
    At 2 am Saturday morning, the police raided LIV lounge in Kala Ghoda, which was open beyond the 1.30 am deadline. The police had no right to take the women to the police station, said city advocate Satish Maneshinde,who deals with criminal matters. 
    Section 160 of the Criminal Procedure Code (CrPC) says that no male below 15 years of age and no woman (of any age) can be taken or asked to come to the police station between dusk and dawn as a witness to record their statement. Information sought from them can only be taken at their place of residence. Under the law, the police can onlytake names and address if they suspect a crime or offence has been committed. Saturday’s police action thus appears completely illegal and contrary to the procedures laid down by law, said legal experts. 
    Sub-section 4 of Section 46 of the CrPC prohibits the arrest of a woman between sunset and sunrise except in exceptional circumstances. Where such circumstances exist, prior permission of a first-class judicial magistrate must be obtained. 
    Legal experts said there were no exceptional circumstances made out by the police even in their FIR. The police had gone to shut a licensed nightclub that had exceeded its scheduled operating hours for the day.“First of all, no patron had committed any offence when the police had reached,” said Maneshinde. There was not even the suspicion of the commission of any offence by the patrons at that time,he said. 
    “Thus, not just women but none of the guests present there could have been rounded up,” said Maneshinde. “Yet, they were all confined for an hour at the nightclub and all, including the women, were carted to the police station at night and again confined in the tiny police compound or in vans like cattle, which was entirely illegal.” 
    Women must know that there are special privileges for them under law, said experts. For instance, there has to be a woman cop present when a woman is being arrested or taken as a witness. LIV patrons said that no women police were present when the police reached the bar on Saturday morning. The police FIR says that women police personnel were present only at the MRA Marg police station. 
    The law says that if there are exceptional circumstances and a woman has to be taken to the police station, her relatives must be allowed to go with her. A woman can also choose to give her statement or information only to a lady police officer. If that is not possible, a lady officer must at least be present. The law requires that as far as it is practical, a woman officer must be deputed. But the state’s police force has less than 5% women cops. 
    Even the Bombay Police Act, which governs all police action and powers when it comes to petty offences, makes it mandatory for the police to treatwomen with respect. 
 

KNOW YOUR RIGHTS | PRIVILEGES WOMEN ENJOY 
Every cop is duty bound to ensure that women are treated with respect. There are no exceptions to this rule 
When a woman is a complainant, the police must enquire and investigate expeditiously and arrest the accused immediately 
It is binding on the police to have a woman cop present while arresting or interrogating a woman 
    The police must treat an accused woman with dignity, irrespective of the crime 
    Women cannot be arrested or called to a police station between sunset and sunrise. If the need arises due to exceptional circumstances, the police must allow the woman’s kin to stay with her 
    Accused women must be kept in reserved cells. If no such cell is there, they are to be kept in the visitors’ room. A rape victim may ask for her medical exam to be conducted by a female doc.

WHERE TO COMPLAIN 
The Mumbai police are committed to provide decent treatment to all citizens, especially women, says the police website. Any aberrations must be brought to the notice of senior officers 
If you have to complain about treatment received, first meet the senior inspector of the police station 
If the problem persists, meet the assistant commissioner of police (ACP) of that division 
    If need be, the complainant can go higher up, to the deputy commissioner of police (DCP) for the zone or additional commissioner of police (Addl CP) for the region 
    Names, addresses and phone numbers of all these officers have been given on the website www. mumbaipolice.org. One can also directly write to the webmaster by clicking ‘Contact Us’ on www. mumbaipolice.org.

Source:::: The Times of India, 01-11-2012, p.04. http://epaper.timesofindia.com/Default/Client.asp?Daily=TOIM&showST=true&login=default&pub=TOI&Enter=true&Skin=TOINEW

Gujarat HC gets woman job back after 15 years

TIMES NEWS NETWORK 

Ahmedabad: The Gujarat HC has got a woman her job back in the company that fired her 15 years ago following a complaint against two colleagues for sexual harassment at workplace. 
    An industrial tribunal had earlier ruled in the woman’s favour and ordered the company where she worked — Lyka Labs — to pay her Rs 50,000 towards compensation for sexual harassment, all wages, as well as, Rs 2,500 towards litigation cost. 
    However, the tribunal did not accept her demand to reinstate her in the job, and the company agreed to pay the sum in lieu of reinstatement. Justice S R Brahmbhatt, however, held that fetching her money was not enough, and ordered her reinstatement. 
    The woman had already put in 10 years of service as an operator, when she joined a new union called Gujarat Kamdar Mandal in 1995. She began facing problems after this.


Source:::: The Times of India, 25-10-2012, p.11.
http://epaper.timesofindia.com/Default/Client.asp?Daily=TOIM&showST=true&login=default&pub=TOI&Enter=true&Skin=TOINEW

SR CITIZENS FIGHT OVER FINANCES

Woman seeks 1cr alimony over hubby’s ‘Swiss bank a/c’

Shibu Thomas TNN 

Mumbai: Swiss bank accounts have the power to not just send politicians into a tizzy, but these days, it can cause minor tremors in divorce battles between warring couples. An account in a Swiss bank has surfaced in a more than a decade old legal fight between aSoBo couple—both senior citizens. Worli resident Seema Sadrangani has pointed to the Swiss bank account allegedly belonging to her former husband Mahesh Sadrangani, who lives in a sprawling flat at Cuffe Parade, to buttress her claim for a permanent onetime alimony of Rs 1 crore. 
    A division bench of Justice V M Kanade and Justice P D Kode last week asked the couple to try and arrive at a workable alimony which will ensure that Seema is looked after. “Seema is a senior citizen and may be required to spend money on medicines. Ensure a good maintenance so that she is cared for,” said Justice Kanade. 
    Seema and Mahesh—both in their 60s—have been fighting a divorce battle which has gone all the way to Supreme Court. While Mahesh stays in a2,000 sq ft flat in Cuffe Parade and owns a shop in south Mumbai, Seema lives in an 800 sq ft flat in Worli. As of now, Mahesh pays a monthly maintenance of Rs 20,000 to Seema. Her lawyer said it was not enough: “The cost of medicines works out to around Rs 11,000 per month,” the lawyer told the court. He also pointed 
to the existence of a Swiss bank account “with substantial money in dollars” belonging to the husband. 
    According to Seema, she had transferred money to this account to prove the existence of the account before the family court. Mahesh has denied the existence of any such bank account. 
    “There have been cases where the spouse who is supposed to pay has gone to great lengths to hide income, while the aggrieved spouse has even engaged the services of a detective to find out the real income of the other side,’’ said a family court lawyer. 
    In the present case, Mahesh last week, during the court hearing, offered to pay Rs 30 lakh as alimony. Seema has, however, sought a onetime settlement of Rs 1 crore. Mahesh’s lawyers disputed that Seema was in need of money. “The daughter’s wedding was held in a 5-star hotel recently. If she is really short of money, what was the need to hold the ceremony there?” said the lawyers. 
    The court gave the couple a week’s time to find common ground and even suggested a way out—with Mahesh making a fixed deposit of around Rs 30 lakh and paying a monthly maintenance of around Rs 50,000. “Since the relation is over, Mahesh does not want to continue any link by paying a monthly maintenance and wants to settle it finally by paying a lump sum amount,’’ said the advocate representing Mahesh. The court has scheduled further hearing of the case on October 18. (Names of the couple have been changed to protect their identities)


Source:::: The Times of India, 18-10-2012, p.04. http://epaper.timesofindia.com/Default/Client.asp?Daily=TOIM&showST=true&login=default&pub=TOI&Enter=true&Skin=TOINEW

‘Special cells for children, women legal’

Shibu Thomas TNN 

Mumbai: The special cells for women and children in police stations are legal, the Bombay high court ruled on Wednesday. 
    A division bench of Justices Abhay Oka and Sadhna Jadhav dismissed a petition filed by a Mantralaya peon who had challenged a notice issued by a special cell from Dadar police station following a complaint lodged by his wife. “The petition is devoid of merit,” the judges said while refusing to give any relief to Suresh Patil (name changed), a resident of BDD chawl in Worli. 
    The cells were started in Mumbai as a pilot project by the United Nations Development Fund for Women along with the state government and Tata Institute of Social Sciences in 2002. 
    The cells, housed in police stations, are manned by two persons, including a social worker, who help women and children facing harassment. In 2005, the state government started funding of the cells and currently there are 39 cells at the district level across Maharashtra. 
    According to the state government, cells will be set up in talukas and by December there will be 144 such units attached to police stations in Maharashtra. Apart from counselling couples, the cells will help women and children who are victims of crime to file cases. 
    According to Patil, he received a notice in March asking him to attend the special cell attached to Dadar police station as his wife Malathy had lodged a complaint. Patilclaimed in his petition that he thought the notice was intended to intimidate him or to extort money. In his plea, Patil challenged the legal validity of such cells and the notice issued by them. 
    Additional public prosecutor Ajay Gadkari and advocate Maharaukh Adenwalla, who represented TISS, said the notices were authorized and the state government had taken up funding of the cells in 2005 on the basis of a government resolution. Adenwala assured the court that henceforth all notices issued by the cell will have a subject line ‘family matters’ and will be signed by a social worker.


Source:::: The Times of India, 27-09-2012, p.07. http://epaper.timesofindia.com/Default/Client.asp?Daily=TOIM&showST=true&login=default&pub=TOI&Enter=true&Skin=TOINEW